<<

U.S. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aircraft Registration Branch P.O. Box 25504 Oklahoma City, Oklahoma 73125-0504 http://registry.faa.gov RECORDING OF AIRCRAFT OWNERSHIP AND DOCUMENTS HOW TO RECORD 8. TRANSFER OF . A transfer of interest (by an instrument

1. Any conveyance which affects to, or any interest in, any specifically other than a bill of sale) in an aircraft subject to a security agreement described aircraft, aircraft engine, aircraft propeller, or spare parts location, whereby the seller conveys all their right, title, and interest in an aircraft to may be recorded. (See Items 2, 3, and 4 below.) Send the complete, a purchaser is eligible for recording as of ownership. The signed agreement of the parties to the FAA Aircraft Registry for recording. transfer agreement should be signed by the seller, the purchaser (if they Documents, like promissory notes, that do not affect such an interest are assume the ), and by the lienholder to denote assent to the transfer. It not recordable. shall describe the original agreement by its date; parties; date of FAA recording and conveyance number; and the aircraft by make, model, serial Requirements for the recordation of ownership or security conveyances are number, and registration number. A recording fee, in addition to the contained in the Code of Federal Regulations, 14 CFR Part 49 - Recording registration fee, is required. of Aircraft Titles and Security Documents, which is available at the U.S. Government Publishing Office web site: http://www.ecfr.gov 9. ASSUMPTION AGREEMENT. An assumption agreement, whereby a purchaser assumes the debt under a security agreement, may be recorded. ELIGIBILITY The assumption agreement must be signed by the new obligor and bear the 2. AIRCRAFT. To be eligible for recording, an instrument granting a assent of the holder of the . The assumption must describe the in an aircraft must be signed by the parties to the recorded lien by its date, parties, its FAA recording number and date, and agreement and describe the aircraft by manufacturer, model, serial number, describe the aircraft by make, model, serial number, and registration and registration number. The must be the registered owner of the number. A recording fee of $5 is required. aircraft; be the owner of record on the date the instrument is executed, as evidenced by documents on file with the FAA Aircraft Registry; or the lien 10. MORTGAGE BY ONE CO-OWNER. A security instrument executed document be accompanied by the debtor’s evidence of ownership, by one co-owner may be recorded if the conveyance specifically sets forth application, and $5 registration fee. The recording fee of $5 for each that they are mortgaging only their interest. The title “co-owner” must be aircraft must accompany the security instrument. shown beside the debtor’s name in the signature element.

3. ENGINES AND PROPELLERS. A lien instrument that affects interest 11. . An assignment of a security interest by a secured party in: 1) a specifically identified aircraft engine of 550 or more rated take-off which is not attached to, or part of, the original instrument may be horsepower (1,750 lbs. thrust), or 2) a specifically identified aircraft recorded separately. The assignment must describe the original security propeller capable of absorbing 750 or more take-off horsepower (1,875 instrument by date, parties, collateral, and its FAA recording number and lbs. thrust) may be recorded. Describe each engine or propeller by date. The assignment must be signed by the assignor and accompanied by manufacturer, model, serial number, and horsepower or pounds thrust. A the recording fee of $5 for each piece of collateral affected. recording fee of $5 is required for each item described. 12. AMENDMENT OR SUPPLEMENT. An amendment or supplement to 4. SPARE PARTS LOCATIONS. An instrument executed for security a recorded conveyance may be recorded if it describes the original purposes which affects title to, or interest in, an aircraft engine, propeller, conveyance by date, parties, and its FAA recording number and date. It or appliance maintained by, or on behalf of, an air carrier for installation or must meet the signature requirements of the original instrument. A use in aircraft, in aircraft engines or propellers, or any spare parts recording fee of $5 for each piece of affected collateral is required. maintained at a designated location by, or on behalf of, such an air carrier, may be recorded. The air carrier must have been certificated under Title 13. IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST 49 United States Code 44705. The instrument must contain the statement AUTHORIZATION (IDERA). Effective March 1, 2006, an IDERA that the spare parts are being maintained by, or for, an air carrier recognized under the Cape Town Treaty may be part of, or attached to, a certificated under 49 USC 44705; the specific location or locations of the security instrument, or filed separately. The format and content should be spare parts; and the name of the air carrier. the same as that found in the Annex to the Protocol to Convention on International in Mobile Equipment on Matters Specific to Aircraft NAME REQUIREMENTS Equipment, available at www.unidroit.org. An IDERA filed separately

5. It is important that a name be the same on all conveyances submitted. A must also describe the original security instrument that it is related to by corporation has only one name under which it is incorporated; do not use date, parties, FAA recording number and date. abbreviated or shortened names. An individual should avoid the use of NOTE: Acceptance of an IDERA does not ensure its enforceability. nicknames and should show “Jr.” and “Sr.” if applicable. A woman’s full CONVEYANCES SUBMITTED FOR THE RECORD given name should be used (Harriet A Jones) rather than her married name (Mrs. George E. Jones). 14. CONVEYANCE FILED IN ERROR. When a conveyance is filed in error or a transaction is not completed after documentation is submitted, 6. TRADE NAME. When a trade name is used by an individual, by co- the record may be set straight by the submission of a statement signed by owners, or by a corporation, the trade name alone is not sufficient since it the parties to the conveyance explaining the circumstances. The erroneous is not the legal entity owning the aircraft. The trade name may appear on conveyance should be described by date, parties, collateral, and, if the conveyances in addition to the legal name of owner (John Doe, d.b.a. recorded, the FAA recording number and date. There is a $5 fee for each Doe Air). aircraft for which such a statement is recorded.

REQUIREMENTS FOR RECORDING 15. DISCLAIMER OF INTEREST. A statement disclaiming any interest in

7. TRANSFER OF EQUITABLE INTEREST. A transfer of equitable a specifically described aircraft may be recorded upon payment of a $5 interest under a of or with a purchase recording fee. A disclaimer is not generally appropriate for recorded or option, previously recorded with the FAA Aircraft Registry, shall be unrecorded lien conveyances in the aircraft record (releases are required). executed by the original conditional buyer (or their assignee) and the The disclaimer is to disclaim any interest in the aircraft itself. seller under the contract of conditional sale (or their assignee) to show consent to the transfer. It shall describe the original contract, including the date; names of parties; date of FAA recording and conveyance number; and the aircraft by make, model, serial number, and registration number. A recording fee, in addition to the registration fee, is required.

REGAR-93 (04/17) GENERAL INFORMATION AUTHORITY TO SIGN FOR ANOTHER

16. RELEASE. When a security instrument is recorded , notice is sent to the 25. In order to accept signatures not meeting the requirements of Items 20, 21, holder of the security interest if their mailing address is shown on the 22, 23, and 24, above, a certified true copy of the document authorizing the instrument. When the terms of the recorded conveyance have been signer to act must be submitted unless such authority is already on file with satisfied, the holder should complete and sign the suggested release form the Aircraft Registration Branch. at the bottom of the notice of recordation. If an equivalent release form is used, it must be signed by the lienholder and must describe the conveyance 26. AGENT. Submit the original or a certified true copy of the document it is releasing by date, collateral, parties, and the FAA recording number authorizing the agent to act; i.e., power of attorney, signed by the and date. A security instrument marked “PAID” is not sufficient to record individual, all co-owners, or a general partner, whichever is applicable. A the release of security interest. There is no fee for recording a release. corporation must submit a copy of the resolution of the board of directors authorizing the agent to act, certified as true by a corporate officer or 17. CONVEYANCES FILED. Except as provided in Item 18, all manager. An authorization is accepted as valid up to an expiration date conveyances filed for recordation which are subsequently recorded stated therein or three years from the date it was signed. (See Certified become a part of the permanent aircraft record and may not be returned. True Copy Requirements, Item 34.) The principal’s name should be shown, followed by the agent’s signature 18. RETURN OF ORIGINAL. If a person submitting a conveyance for and title. Example: John Miller by Sidney Smith, attorney-in-fact. recording wants the original returned, they must also submit a certified true copy of the original. After recording, the copy is kept by the FAA and 27. GUARDIAN. The guardian of another person’s which includes the original is returned to the sender stamped with the date and time of an aircraft, must submit a certified true copy of the court order appointing recording. (See Certified True Copy, Item 34.) the guardian. The names of both the owner and guardian should appear on all documents where the signature of the guardian on behalf of the owner SIGNATURE REQUIREMENTS is required.

19. Documents submitted as evidence of ownership or other interests in 28. ESTATE. A conveyance executed on behalf of the estate of a deceased aircraft must be signed appropriately. The FAA Aircraft Registration owner must be signed by the authorized representative of the estate and Branch accepts original ink signed documents, or printed duplicates of should be accompanied by that representative’s authority to sign for the electronic documents that display legible digital signatures. A legible and estate, unless such authority is already on file with us. The name of the acceptable digital signature will: estate should be shown, followed by the representative’s signature and a. Show the name of the signer applied in a manner to execute or validate title; i.e., Estate of John Doe by Richard Roe, Executor. The the document. (Example: Digitally signed by John J. Doe). representative’s name must be signed exactly as it appears on the b. Include the typed or printed name of the signer below or adjacent to authorization document. the signature when the signature uses a digitized or scanned version of the of the signer’s hand scribed signature or a cursive font; 29. EXECUTOR OR ADMINISTRATOR. A certified true copy of Letters c. Show the signer’s corporate, managerial, or partnership title as part of Testamentary or Letters of Administration is required as authority for an or adjacent to the digital signature when the signer is signing on executor or administrator to act. behalf of an organization or legal entity; d. Show evidence of authentication of the signer’s identity such as the 30. HEIR-AT-. If no executor or administrator is appointed, a notarized text “digitally signed by” along with the software provider’s statement from the heir-at-law is required. The affidavit should state that seal/watermark, date and time of execution; or have an authentication no application has been made for the appointment of an executor or code or key identifying the software provider; and administrator and that, insofar as the affiant can determine, no such e. Use a font, size and color density that is clearly legible and application will be made; that they are the person entitled to the aircraft reproducible when copied and scanned into a black and white format. under the of the state having jurisdiction; or that under such laws they have the right to dispose of the aircraft. 20. INDIVIDUAL. When an aircraft is owned by one person, they are the individual owner. Their title in connection with aircraft instruments is 31. TRUSTEE. The appointed trustee must submit a certified true copy of the “owner.” The individual owner’s name must be shown in addition to a court order appointing the trustee or, if appointed without a court order, a trade name if one is used. (Example: John Doe, D.B.A. Doe Aircraft, certified true copy of the complete trust instrument. (see Certified True signed by John Doe, owner.) Copy Requirements, Item 34.)

21. CO-OWNERS. When an aircraft is owned by two or more persons as co- 32. TRUSTEE IN BANKRUPTCY. A certified true copy of the court order owners, each person who shares title to the aircraft must sign all naming the trustee is required to show the trustee’s authority to sign. The instruments relating to the aircraft. The appropriate title would be bankrupt’s name must be shown, followed by the signature and title of the “co-owner.” Each co-owners’s name must appear in addition to a trade trustee. name if one is used. If a corporation is a co-owner, the person(s) signing on behalf of the corporation must be identified by their corporate position. CHANGE OF NAME

33. When a change of name occurs, the original, certified true copy, or 22. PARTNERSHIP. The names of all general partners must be stated with photocopy of the instrument approving the change is required; i.e., the partnership name on the application for registration. If there is only marriage certificate, certificate from the Secretary of State, certificate from one general partner, so state. One partner may sign instruments for the Comptroller of U. S. Currency, approved merger agreement, etc. A partnership if the full partnership name is shown and the title, “partner,” photocopy must show official’s name, title, and state seal if applicable. follows their signature. The partnership name is either the name under which the partners do business or, if none, the names of all general CERTIFIED TRUE COPY partners. An aircraft owned by a partnership which has a corporation as a 34. A certified true copy must be a complete copy (front and back) of the member (general or limited) is not eligible for registration. Such a original, including all terms, signatures, and dates, to which is attached a partnership does not come with the definition of “citizen of the United signed statement that the copy has been compared with the original and States” (49 USC 1301(16). that it is a true copy. The copy must be legible and reproducible. A 23. CORPORATION. The name of the corporation must be shown, and a document issued by a court of law must be certified as true by an officer of corporate officer or a person in a managerial position must sign the the court. instrument and show their corporate or managerial title. FEES

24. GOVERNMENT. Persons signing conveyances for government-owned 35. The current recording fees for a conveyance of ownership or other interest aircraft must show their title as evidence of the capacity in which they act. in an aircraft, or a conveyance made for security purposes of an aircraft engine or propeller, or for engines, propellers, appliances, or spare parts maintained at a designated location on behalf of an air carrier are published in 14 CFR Section 49.15.

REGAR-93 (04/17)